[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Rules and Regulations]
[Pages 24036-24037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09722]
[[Page 24036]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS-FV-12-0032; FV12-927-3 FR]
Pears Grown in Oregon and Washington; Committee Membership
Reapportionment for Processed Pears
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule reapportions the membership of the Processed Pear
Committee (Committee) established under the Oregon-Washington pear
marketing order. The marketing order regulates the handling of
processed pears grown in Oregon and Washington, and is administered
locally by the Committee. This rule reapportions the processor
membership such that the three processor members and alternate members
will be selected from the production area at-large rather than from a
specific district. In an industry with few processors, this change will
provide the flexibility needed to help ensure that all processor member
positions are filled, resulting in effective representation of the
processed pear industry on the Committee.
DATES: Effective July 1, 2013.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson,
Northwest Marketing Field Office, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-
2724, Fax: (503) 326-7440, or E-Mail: Teresa.Hutchinson@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Order No. 927, as amended (7 CFR part 927), regulating the handling of
pears grown in Oregon and Washington, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This final rule reapportions the membership of the Committee
established under the Oregon-Washington pear marketing order. This rule
reapportions the processor membership such that the three processor
members and alternate members will be selected from the production area
at-large rather than from a specific district. With nine out of ten
members present (the District 2 processor position is vacant), the
Committee unanimously recommended this change at a meeting held on May
30, 2012, with a request that the change be made effective by July 1,
2013.
Section 927.20(b) establishes the Processed Pear Committee
consisting of ten members. Three members are growers, three members are
handlers, three members are processors, and one member represents the
public. For each member, there are two alternate members, designated as
the ``first alternate'' and the ``second alternate,'' respectively.
Committee membership is apportioned among two districts. Section
927.11(b) defines District 1 as the State of Washington and District 2
as the State of Oregon. Prior to this action, District 1 was
represented by two grower members, two handler members, and two
processor members. District 2 was represented by one grower member, one
handler member, and one processor member.
The order provides in Sec. 927.20(c) that USDA, upon
recommendation of the Committee, may reapportion members among
districts, may change the number of members and alternate members, and
may change the composition by changing the ratio of members, including
their alternate members.
This rule adds a new Sec. 927.150 to the order's administrative
rules and regulations reapportioning the processor membership such that
the three processor members and alternate members will be selected from
the production area at-large rather than from a specific district. The
Committee recommended this change because there are no longer any pear
processors in District 2, and the District 2 processor member and
alternate member positions on the Committee are currently vacant. This
change results in more effective representation of the processed pear
industry by allowing the Committee to fill these vacant positions with
processors from District 1.
Reapportioning the processor membership will allow all processor
member and alternate member positions to be filled. The Committee
recommended maintaining the three processor member positions, but
specified that such members and alternate members may be located in
either district. The regulatory language includes flexibility that
provides opportunity for representation from District 2 should a
processor once again process pears in that district.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 1,500 producers of processed pears in the
regulated production area and approximately 46 handlers of processed
pears subject to regulation under the order. Small agricultural
producers are defined by the Small Business Administration (SBA) (13
CFR 121.201) as those having annual receipts of less than $750,000, and
small agricultural service firms are defined as those whose annual
receipts are less than $7,000,000.
[[Page 24037]]
According to the Noncitrus Fruits and Nuts 2011 Preliminary Summary
issued in March 2012 by the National Agricultural Statistics Service,
the total farm-gate value of summer/fall processed pears grown in
Oregon and Washington for 2011 was $35,315,000. Based on the number of
processed pear producers in Oregon and Washington, the average gross
revenue for each producer can be estimated at approximately $23,543.
Furthermore, based on Committee records, the Committee has estimated
that all of the Oregon-Washington pear handlers currently ship less
than $7,000,000 worth of processed pears each on an annual basis. From
this information, it is concluded that the majority of producers and
handlers of Oregon and Washington processed pears may be classified as
small entities.
There are three pear processing plants in the production area, all
currently located in Washington. All three pear processors would be
considered large entities under the SBA's definition of small
businesses.
This rule adds a new Sec. 927.150 to the order's administrative
rules and regulations reapportioning the processor membership such that
the three processor members will be selected from the production area
at-large. This rule will be effective July 1, 2013. Authority for
reapportioning the Committee is provided in Sec. 927.20(c) of the
order.
The Committee believes that this action will not negatively impact
producers, handlers, or processors in terms of cost. The benefits for
this rule are not expected to be disproportionately greater or less for
small producers, handlers, or processors than for larger entities.
The Committee discussed alternatives to this rule, including
leaving the District 2 processor member and alternate member positions
vacant. However, the Committee believes that three members should
continue to represent processors on the Committee, except the
representative should be chosen from the production area at-large
rather than from a specific district.
In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C.
chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those
requirements as a result of this action are necessary. Should any
changes become necessary, they will be submitted to OMB for approval.
Additional reporting or recordkeeping requirements will not be
imposed on either small or large processed pear handlers. As with all
Federal marketing order programs, reports and forms are periodically
reviewed to reduce information requirements and duplication by industry
and public sector agencies.
As noted in the initial regulatory flexibility analysis, USDA has
not identified any relevant Federal rules that duplicate, overlap or
conflict with this final rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
In addition, the Committee's meeting was widely publicized
throughout the Oregon-Washington pear industry and all interested
persons were invited to attend and participate in Committee
deliberations on all issues. Like all Committee meetings, the May 30,
2012, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
A proposed rule concerning this action was published in the Federal
Register on December 5, 2012 (77 FR 72245). The Committee made copies
of the proposed rule available to the processed pear industry. Finally,
the rule was made available through the Internet by USDA and the Office
of the Federal Register. A 60-day comment period ending February 4,
2013, was provided to allow interested persons to respond to the
proposal. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
www.ams.usda.gov/MarketingOrderSmallBusinessGuide. Any questions about
the compliance guide should be sent to Jeffrey Smutny at the previously
mentioned address in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant matter presented, including the
information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 927 is
amended as follows:
PART 927--PEARS GROWN IN OREGON AND WASHINGTON
0
1. The authority citation for 7 CFR part 927 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. An undesignated center heading and Sec. 927.150 are added to read
as follows:
Administrative Bodies
Sec. 927.150 Reapportionment of the Processed Pear Committee.
Pursuant to Sec. 927.20(c), on and after July 1, 2013, the 10-
member Processed Pear Committee is reapportioned and shall consist of
three grower members, three handler members, three processor members,
and one member representing the public. For each member, there are two
alternate members, designated as the ``first alternate'' and the
``second alternate,'' respectively. District 1, the State of
Washington, shall be represented by two grower members and two handler
members. District 2, the State of Oregon, shall be represented by one
grower member and one handler member. Processor members may be from
District 1, District 2, or from both districts.
Dated: April 18, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09722 Filed 4-23-13; 8:45 am]
BILLING CODE 3410-02-P